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Harris and Trump set sights on Pennsylvania in final push before Election Day

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A presidential campaign that has careened through a felony trial, an incumbent president being pushed off the ticket and multiple assassination attempts comes down to a final sprint across a handful of states on Election Day eve.Read More

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With just hours to go before Election Day, Donald Trump made his final pitch to voters Monday in the battleground state of Pennsylvania at roughly the same time and in the same city as his opponent, Kamala Harris.

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The Democratic presidential nominee, Kamala Harris, campaigns on the last day of the 2024 election in Pennsylvania. “This is it,” Harris tells a cheering crowd in Pittsburgh. “Tomorrow is Election Day and the momentum is on our side.”

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Intent on firing up volunteers in Pennsylvania, Vice President Kamala Harris chants: “Let’s get out the vote.” Harris spoke to her supporters in Scranton, a key area that could decide whether she or former President Donald Trump wins the state.

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In a furious final push before Election Day, Donald Trump kicked off four rallies in three states Monday, starting in the battleground of North Carolina. Trump predicted victory, urging his supporters to get out and vote, declaring,”It’s ours to lose.”

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Vice President Kamala Harris visits Puerto Rican cafe, knocks on voter’s door in Reading, Pennsylvania, on the eve of Election Day.

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Democratic presidential nominee Vice President Kamala Harris speaks during a campaign rally outside the Philadelphia Museum of Art, Monday, Nov. 4, 2024, in Philadelphia. (AP Photo/Matt Slocum)

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Republican presidential nominee former President Donald Trump speaks at a campaign rally at Van Andel Arena, Tuesday, Nov. 5, 2024, in Grand Rapids, Mich. (AP Photo/Paul Sancya)

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Oprah Winfrey, third from right, speaks as she stands on stage at a campaign rally supporting Democratic presidential nominee Vice President Kamala Harris outside the Philadelphia Museum of Art, Monday, Nov. 4, 2024, in Philadelphia. (AP Photo/Matt Slocum)

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Democratic presidential nominee Vice President Kamala Harris, left, shares a laugh with second gentleman Doug Emhoff, after reuniting in Pittsburgh, Monday, Nov. 4, 2024, aboard Air Force Two along with Harris’ brother-in-law Tony West and sister Maya Harris, just before taking off from Pittsburgh for her final campaign rally in Philadelphia. (AP Photo/Jacquelyn Martin, Pool)

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Republican presidential nominee former President Donald Trump speaks at a campaign rally at PPG Paints Arena, Monday, Nov. 4, 2024, in Pittsburgh, Pa. (AP Photo/Evan Vucci)

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Republican presidential nominee former President Donald Trump arrives at a campaign rally at PPG Paints Arena, Monday, Nov. 4, 2024, in Pittsburgh, Pa. (AP Photo/Evan Vucci)

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Democratic presidential nominee Vice President Kamala Harris, from right, visits Old San Juan Cafe restaurant with restaurant owner Diana de La Rosa and Rep. Alexandria Ocasio-Cortez, D-N.Y., during a campaign stop in Reading, Pa., Monday, Nov. 4, 2024. (AP Photo/Jacquelyn Martin)

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Democratic presidential nominee Vice President Kamala Harris, second left, and two campaign volunteers, right, speak to a voter as Harris knocks on doors during a campaign stop in Reading, Pa., Monday, Nov. 4, 2024. (AP Photo/Jacquelyn Martin)

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Democratic presidential nominee Vice President Kamala Harris speaks during a campaign rally at Carrie Blast Furnaces in Pittsburgh, Monday, Nov. 4, 2024. (AP Photo/Gene J. Puskar)

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Republican presidential nominee former President Donald Trump dances during a campaign rally at Santander Arena, Monday, Nov. 4, 2024, in Reading, Pa. (AP Photo/Evan Vucci)

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Democratic presidential nominee Vice President Kamala Harris speaks during a campaign rally in Memorial Hall at Muhlenberg College in Allentown, Pa., Monday, Nov. 4, 2024. (AP Photo/Susan Walsh)

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Democratic presidential nominee Vice President Kamala Harris speaks during a campaign rally in Memorial Hall at Muhlenberg College in Allentown, Pa., Monday, Nov. 4, 2024. (AP Photo/Jacquelyn Martin)

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Supporters cheer as Democratic presidential nominee Vice President Kamala Harris speaks during a campaign rally in Memorial Hall at Muhlenberg College in Allentown, Pa., Monday, Nov. 4, 2024. (AP Photo/Jacquelyn Martin)

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Supporters cheer as Republican presidential nominee former President Donald Trump speaks during a campaign rally at Santander Arena, Monday, Nov. 4, 2024, in Reading, Pa. (AP Photo/Evan Vucci)

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Supporters cheer as Democratic presidential nominee Vice President Kamala Harris speaks during a campaign rally in Memorial Hall at Muhlenberg College in Allentown, Pa., Monday, Nov. 4, 2024. (AP Photo/Susan Walsh)

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Rapper Fat Joe speaks at a campaign rally for Democratic presidential nominee Vice President Kamala Harris in Memorial Hall at Muhlenberg College in Allentown, Pa., Monday, Nov. 4, 2024. (AP Photo/Jacquelyn Martin)

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Republican presidential nominee former President Donald Trump embraces Patty Morin, mother of Rachel Morin, during a campaign rally at Santander Arena, Monday, Nov. 4, 2024, in Reading, Pa. (AP Photo/Evan Vucci)

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Supporters listen as Republican presidential nominee former President Donald Trump speaks during a campaign rally at Santander Arena, Monday, Nov. 4, 2024, in Reading, Pa. (AP Photo/Evan Vucci)

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Attendees holding the flag of Puerto Rico listen as Allentown, Pa. Mayor Matt Tuerk speaks during a campaign rally for Democratic presidential nominee Vice President Kamala Harris in Memorial Hall at Muhlenberg College in Allentown, Pa., Monday, Nov. 4, 2024. (AP Photo/Susan Walsh)

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From left, Lara Trump, Michael Boulos, and Eric Trump leave the stage as Republican presidential nominee former President Donald Trump speaks during a campaign rally at Santander Arena, Monday, Nov. 4, 2024, in Reading, Pa. (AP Photo/Evan Vucci)

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Democratic presidential nominee Vice President Kamala Harris speaks during a campaign rally outside the Philadelphia Museum of Art, Monday, Nov. 4, 2024, in Philadelphia. (AP Photo/Matt Slocum)

BY  BILL BARROWJILL COLVIN AND DARLENE SUPERVILLEUpdated 12:05 PM GMT+6, November 5, 2024

PHILADELPHIA (AP) — Kamala Harris and Donald Trump closed out this year’s presidential race with a fierce battle for Pennsylvania on Monday, making their final pitch to voters across a state that could prove decisive in the campaign for the White House.

Harris ended her night in Philadelphia at the art museum steps made famous in the movie “Rocky,” where she said “the momentum is on our side.” She also rallied with supporters in Allentown, Scranton and Pittsburgh, and she swung through Reading to visit a Puerto Rican restaurant and do a little canvassing herself, knocking on doors alongside campaign volunteers.

“It’s the day before the election and I just wanted to come by and say I hope to earn your vote,” Harris told one woman, who said she had already cast a ballot for the Democratic nominee.

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Trump started the day in North Carolina and finished it in Michigan, but he spoke in Reading and Pittsburgh in between. The former president delivered stemwinders at each stop, blending false claims about voter fraud with warnings about migrants committing crimes and promises to revitalize the United States.

“With your vote tomorrow, we can fix every single problem our country faces and lead America, and indeed the whole world, to new heights of glory,” he said.

While Harris focused on optimism about the future and never mentioned Trump by name, the Republican nominee excoriated his opponent at every turn. His running mate, Ohio Sen. JD Vance, followed Trump’s lead during his own rally in Atlanta, telling the crowd that “we are going to take out the trash in Washington, D.C., and the trash’s name is Kamala Harris.”

In his final rally, Trump called former House Speaker Nancy Pelosi, a Democrat who led the House when it impeached him twice, a “crazy, horrible human being” and barely restrained himself from using a sexist slur.

“She’s a crooked person, she’s a bad person, evil,” Trump said. “She’s an evil, sick, crazy – oh no. It starts with a b, but I won’t say it. I want to say it.”

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The last day of campaigning was an appropriately frenetic ending to a presidential race that has defied expectations at every turn.

Trump was convicted during a felony trial involving hush money payments and survived two assassination attempts. He remains under indictment for trying to overturn the last presidential election, which he lost to Joe Biden.

Harris became Democrats’ replacement candidate this summer when Biden was pushed off the ticket and forced to abandon his reelection bid after stumbling badly in his debate with Trump.

One of the few constants in the campaign has been how close it’s remained. The election is expected to be decided by razor-thin margins, and the results may not be known for days.

Pennsylvania has the most Electoral College votes of any battleground state, making it the top prize of the campaign. A victory there would clear a path to White House for either candidate.

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“You are going to make the difference in this election,” Harris said in Allentown.

About 30 miles away in Reading, Trump told supporters that “if we win Pennsylvania, we win the whole ball of wax.”

In Pittsburgh, Trump delivered what his campaign aides described as his closing argument after his previous attempt — a mass rally at Madison Square Garden in New York — was derailed by crude and racist jokes. He has also veered into invocations of violence and said he “shouldn’t have left” the White House after he was voted out.

“Over the past four years, Americans have suffered one catastrophic failure, betrayal and humiliation after another,” Trump said. He added that “we do not have to settle for weakness, incompetence, decline, and decay.”

The crowd exploded in cheers when Trump said the country should tell Harris, “You’re fired,” his catchphrase from “The Apprentice,” the reality television show that made him a nationally recognized star.

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Harris arrived in Pittsburgh while Trump’s rally was underway. By the time she finished her succinct remarks, he was still talking.

“We must finish strong,” Harris said. “Make no mistake, we will win.”

The day was further evidence of the ripple effects from Trump’s Madison Square Garden event, where the comedian Tony Hinchcliffe referred to Puerto Rico as a “floating island of garbage.” Southeastern Pennsylvania, which was visited by both candidates on Monday, is home to thousands of Latinos, including a sizable Puerto Rican population.

“It was absurd,” said German Vega, a Dominican American who lives in Reading and became a U.S. citizen in 2015. “It bothered so many people — even many Republicans. It wasn’t right, and I feel that Trump should have apologized to Latinos.”

But Emilio Feliciano, 43, waited outside Reading’s Santander Arena for a chance to take a photo of Trump’s motorcade. He dismissed the comments about Puerto Rico despite his family being Puerto Rican, saying he cares about the economy and that’s why he will vote for Trump.

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“Is the border going to be safe? Are you going to keep crime down? That’s what I care about,” he said.

While in Reading, Harris visited Old San Juan Cafe with New York Rep. Alexandra Ocasio-Cortez, who has Puerto Rican heritage.

Supporters chanted “Sí se puede” and “Kamala” as the vice president’s motorcade pulled up. Once inside, Harris chatted with some diners, even mixing in “gracias” and a few Spanish words. The vice president later ordered cassava, yellow rice and pork, saying, “I’m very hungry” as she noted that she’s been too busy campaigning to find time for many meals.

“I stand here proud of my long-standing commitment to Puerto Rico and her people,” she told her crowd in Allentown. Harris promised to be “a president for all Americans.”

Trump, meanwhile, stuck to talking about his proposed crackdown on immigration while speaking in Reading. He called to the stage Patty Morin, the mother of 37-year-old Rachel Morin, who was found dead a day after she went missing during a trip to go hiking. Officials say the suspect in her death, Victor Antonio Martinez Hernandez, entered the U.S. illegally after allegedly killing a woman in his home country of El Salvador.

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About 77 million Americans have voted early. A victory by either side would be unprecedented.

Trump winning would make him the first incoming president to have been indicted and convicted of a felony. He would gain the power to end other federal investigations pending against him. Trump would also become only the second president in history to win nonconsecutive White House terms, after Grover Cleveland in the late 19th century.

Harris is vying to become the first woman, first Black woman and first person of South Asian descent to reach the Oval Office — four years after she broke the same barriers in national office by becoming Biden’s second in command.

Heading into Monday, Harris has mostly stopped mentioning Trump by name, calling him instead “the other guy.” She is promising to solve problems and seek consensus.

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Republican presidential nominee former President Donald Trump arrives to speak at a campaign rally at J.S. Dorton Arena, Monday, Nov. 4, 2024, in Raleigh, N.C. (AP Photo/Evan Vucci)

Harris campaign chair Jen O’Malley Dillon said on a call with reporters that not saying Trump’s name was deliberate because voters “want to see in their leader an optimistic, hopeful, patriotic vision for the future.”

On her final day of campaigning, Harris took a rare trip down memory lane by talking about being a longshot candidate for San Francisco district attorney in 2003, her first elected office.

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“I’d walk to the front of the grocery store, outside, and I would stand up my ironing board because, you see, an ironing board makes a really great standing desk,” the vice president said, recalling how she would tape her posters to the outside of the board, fill the top with flyers and “require people to talk to me as they walked in and out.”

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Attendees holding the flag of Puerto Rico cheer as Allentown, Pa. Mayor Matt Tuerk speaks during a campaign rally for Democratic presidential nominee Vice President Kamala Harris in Memorial Hall at Muhlenberg College in Allentown, Pa., Monday, Nov. 4, 2024. (AP Photo/Susan Walsh)

Trump seemed nostalgic as well.

“It’s sad because we’ve been doing this for nine years,” he said in Pittsburgh after inviting members of his family to join him onstage.

He held his final rally in Grand Rapids, Michigan, where he also concluded his campaigns in 2016 and 2020. He savored the moment, stopping every few steps as he made his way to the stage, soaking in an explosion of applause. A few in the crowd waited nearly 18 hours, at times in the rain, for a rally that finally began after midnight.

“It’s unbelievable,” Trump said when he started talking after standing wordless at his lectern for an extended ovation. “Think of it. This is it. This is the last one that we’ll have to do.”

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Superville reported from Scranton, Pennsylvania. Barrow reported from Washington. Associated Press writers Makiya Seminera in Raleigh, North Carolina; Maryclaire Dale in Philadelphia; Luis Andres Henao in Reading, Pennsylvania; Jonathan J. Cooper in Phoenix; and Zeke Miller, Will Weissert, Michelle L. Price and Chris Megerian in Washington contributed to this report.

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BILL BARROW

Bill Barrow covers U.S. politics. He is based in Atlanta.

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JILL COLVIN

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Colvin is an Associated Press national political reporter covering the 2024 presidential campaign. She is based in New York.

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DARLENE SUPERVILLE

Darlene Superville covers The White House

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AP

The final day of voting in the US is here, after tens of millions have already cast their ballots

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People stand in line during the last day of early voting, Saturday, Nov. 2, 2024, in Charlotte, N.C. (AP Photo/Mike Stewart)Read More

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Voters line up to vote as a early voting location opened in Carmel, Ind., Wednesday, Oct. 23, 2024. (AP Photo/Michael Conroy)

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A person walks past a sign during early voting in the general election, Friday, Nov. 1, 2024, in Fall River, Mass. (AP Photo/Steven Senne)

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An election worker demonstrates mail-in ballot processing during a media preview at the Philadelphia Election Warehouse, in Philadelphia, Friday, Oct. 25, 2024. (AP Photo/Matt Rourke)

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A voter fills out their their ballot during early voting in the general election, Friday, Nov. 1, 2024, in Fall River, Mass. (AP Photo/Steven Senne)

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People line up to vote at the Chicago Early Voting Loop Supersite in Chicago, Thursday, Oct. 24, 2024. (AP Photo/Nam Y. Huh)

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Bennett College student Zairen Jackson listens to a fellow student answer a question during a roundtable in Greensboro, N.C., Tuesday, Oct. 8, 2024. (AP Photo/Chuck Burton)

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FILE – A Delaware County secured drop box for the return of vote-by-mail ballots is pictured, May 2, 2022, in Newtown Square, Pa. (AP Photo/Matt Rourke, File)

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An elections official sorts counted mail-in ballots on the first day of tabulation, Wednesday, Oct. 23, 2024, at the Maricopa County Recorder’s Office in Phoenix. (AP Photo/Matt York)

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People wait in line to cast their ballots at an early voting location, Thursday, Oct. 31, 2024, in Blue Springs, Mo. (AP Photo/Charlie Riedel)

BY  CHRISTINA A. CASSIDY AND ALI SWENSONUpdated 11:05 AM GMT+6, November 5, 2024

WASHINGTON (AP) — Election Day 2024 arrived Tuesday — with tens of millions of Americans having already cast their ballots. Those include record numbers in Georgia, North Carolina and other battleground states that could decide the winner.

The early turnout in Georgia, which has flipped between the Republican and Democratic nominees in the previous two presidential elections, has been so robust — over 4 million voters — that a top official in the secretary of state’s office said the big day could look like a “ghost town” at the polls.

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As of Monday, Associated Press tracking of advance voting nationwide showed roughly 82 million ballots already cast — slightly more than half the total number of votes in the presidential election four years earlier. That’s driven partly by Republican voters, who were casting early ballots at a higher rate than in recent previous elections after a campaign by former President Donald Trump and the Republican National Committee to counter the Democrats’ longstanding advantage in the early vote.

That included in the parts of western North Carolina hammered last month by Hurricane Helene. State and local election officials, benefiting from changes made by the Republican-controlled legislature, pulled off a herculean effort to ensure residents could cast their ballots as they dealt with power outages, lack of water and washed out roads.

By the time early voting in North Carolina had ended on Saturday, over 4.4 million voters — or nearly 57% of all registered voters in the state — had cast their ballots. As of Monday, turnout in the 25 western counties affected by the hurricane was even stronger at 59% of registered voters, state election board Executive Director Karen Brinson Bell said.

Brinson Bell called the voters and election workers in the hurricane-hit counties “an inspiration to us all.”

Besides the hurricanes in North Carolina and Florida, the most worrisome disruptions to the election season so far were arson attacks that damaged ballots in two drop boxes near the Oregon-Washington border. Authorities there were searching for the person responsible.

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The absence of any significant, widespread problems has not stopped Trump, the Republican nominee, or the RNC, which is now under his sway, from making numerous claims of fraud or election interference during the early voting period, a possible prelude to challenges after Election Day.

He has mischaracterized an investigation underway in Pennsylvania into roughly 2,500 potentially fraudulent voter registration applications by saying one of the counties was “caught with 2600 Fake Ballots and Forms, all written by the same person.” The investigation is into registration applications; there is no indication that ballots are involved.

In Georgia, Republicans sought to prohibit voters from returning mailed ballots to their local election office by the close of polls on Election Day, votes that are allowed under state law. A judge rejected their lawsuit over the weekend.

Trump and Republicans also have warned about the possibility that Democrats are recruiting masses of noncitizens to vote, a claim they have made without evidence and that runs counter to the data, including from Republican secretaries of state. Research has consistently shown that noncitizens registering to vote is rare. Any noncitizen who does faces the potential of felony charges and deportation, a significant disincentive.

One case of noncitizen voting was caught during early voting last month and resulted in felony charges in Michigan after a student from China cast an illegal early ballot.

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This is the first presidential vote since Trump lost to Joe Biden four years ago and began various attempts to circumvent the outcome and remain in power. That climaxed with the violent Jan. 6, 2021, attack on the U.S. Capitol to halt certification of the results after Trump told his supporters to “fight like hell.”

Even now, a solid majority of Republicans believe Trump’s lie that Biden was not legitimately elected, despite reviewsaudits and recounts in the battleground states that all affirmed Biden’s win. A survey last month from The Associated Press-NORC Center for Public Affairs Research showed Republicans remain much more skeptical than Democrats that their ballots will be counted accurately this year.

Seeking to rebuild voter confidence in a system targeted with false claims of widespread fraud, Republican lawmakers in more than a dozen states since 2020 have passed new voting restrictions. Those rules include shortening the window to apply or return a mail ballot, reducing the availability of ballot drop boxes and adding ID requirements.

On the last weekend before Election Day, Trump continued to falsely claim the election was being rigged against him and said a presidential winner should be declared on election night, before all the ballots are counted.

Vice President Kamala Harris urged voters not to fall for Trump’s tactic of casting doubt on elections. The Democratic nominee told supporters at a weekend rally in Michigan that the tactic was intended to suggest to people “that if they vote, their vote won’t matter.” Instead, she urged people who had already cast ballots to encourage their friends to do the same.

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Through four years of election lies and voting-related conspiracy theories, local election officials have faced harassment and even death threats. That has prompted high turnover and led to heightened security for election offices and polling sites that includes panic buttons and bullet-proof glass.

While there have been no major reports of any malicious cyberactivity affecting election offices, foreign actors have been active in using fake social media profiles and websites to drum up partisan vitriol and disinformation. In the final weeks, U.S. intelligence officials have attributed to Russia multiple fake videos alleging election fraud in presidential swing states.

On the eve of Election Day, they issued a joint statement with federal law enforcement agencies warning that Russia in particular was ramping up its influence operations, including in ways that could incite violence, and likely would continue those efforts well after the votes have been cast.

Jen Easterly, the nation’s top election security official, urged Americans to rely on state and local election officials for information about elections.

“This is especially important as we are in an election cycle with an unprecedented amount of disinformation, including disinformation being aggressively peddled and amplified by our foreign adversaries at a greater scale than ever before,” she said. “We cannot allow our foreign adversaries to have a vote in our democracy.”

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The Associated Press receives support from several private foundations to enhance its explanatory coverage of elections and democracy. See more about AP’s democracy initiative here. The AP is solely responsible for all content.

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ALI SWENSON

Swenson reports on election-related misinformation, disinformation and extremism for The Associated Press.

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Georgia high court says absentee ballots must be returned by Election Day, even in county with delay

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A woman holds up her sticker that signifies that she has officially voted in the state of Georgia, Thursday, Oct. 31, 2024, in Atlanta. (AP Photo/Jason Allen)

Updated 5:13 AM GMT+6, November 5, 2024

ATLANTA (AP) — Thousands of voters in Georgia’s third-largest county who received their absentee ballots late will not get an extension to return them, the state’s highest court decided on Monday.

Cobb County, just north of Atlanta, didn’t mail out absentee ballots to some 3,400 voters who had requested them until late last week. Georgia law says absentee ballots must be received by the close of polls on Election Day. But a judge in a lower court ruled last week that the ballots at issue could be counted if they’re received by this Friday, three days after Election Day, as long as they were postmarked by Tuesday.

The Georgia Supreme Court ruling means the affected Cobb County residents must vote in person on Election Day, which is Tuesday, or bring their absentee ballots to the county elections office by 7 p.m. that day.

The high court ruling instructs county election officials to notify the affected voters by email, text message and in a public message on the county election board’s website. And it orders officials to keep separate and sealed any ballots received after the Election Day deadline but before 5 p.m. Friday.

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Board of elections Chair Tori Silas said the board will comply with the Supreme Court order, but it’s still up in the air whether ballots received after Election Day will be counted. The order only addressed a motion for a stay, so election officials will have to wait for the court’s final ruling to see whether votes received after Tuesday will be counted, she said in a statement.

To deliver the ballots on time, election officials in Cobb County were using U.S. Postal Service express mail and UPS overnight delivery, and sending the ballots with prepaid express return envelopes. The Board of Elections said that more than 1,000 of the absentee ballots being mailed late were being sent to people outside of Georgia.

Silas last week blamed the delay in sending out the ballots on faulty equipment and a late surge in absentee ballot requests during the week before the Oct. 25 deadline.

The original ruling extending the deadline stemmed from a lawsuit filed by the American Civil Liberties Union and the Southern Poverty Law Center on behalf of three Cobb County voters who said they had not received absentee ballots by mail as of Friday.

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Elon Musk’s $1 million-a-day voter sweepstakes can proceed, a Pennsylvania judge says

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Elon Musk is pledging to give away $1 million a day to voters for signing his political action committee’s petition backing the Constitution. The giveaway by the Donald Trump supporter is raising questions among some who say it’s a violation of the law.Read More

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America PAC lawyer Chris Gober speaks with members of the media ahead of a hearing at a City Hall courtroom in Philadelphia, Monday, Nov. 4, 2024. (AP Photo/Matt Rourke)

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Elon Musk speaks before Republican presidential nominee former President Donald Trump at a campaign rally at Madison Square Garden, Sunday, Oct. 27, 2024, in New York. (AP Photo/Alex Brandon)

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Philadelphia District Attorney Larry Krasner arrives for a hearing at a City Hall courtroom, in Philadelphia, Monday, Nov. 4, 2024. (AP Photo/Matt Rourke)

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America PAC lawyer Chris Gober speaks with members of the media ahead of a hearing at a City Hall courtroom in Philadelphia, Monday, Nov. 4, 2024. (AP Photo/Matt Rourke)

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Elon Musk speaks before Republican presidential nominee former President Donald Trump at a campaign rally at Madison Square Garden, Sunday, Oct. 27, 2024, in New York. (AP Photo/Evan Vucci)

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Philadelphia District Attorney Larry Krasner, third from right, arrives for a hearing at a City Hall courtroom, Thursday, Oct. 31, 2024, in Philadelphia. (AP Photo/Matt Rourke)

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BY  MARYCLAIRE DALEUpdated 4:19 AM GMT+6, November 5, 2024Share

Follow live: Updates from AP’s coverage of the presidential election.

PHILADELPHIA (AP) — The $1 million-a-day voter sweepstakes that Elon Musk ‘s political action committee is hosting in swing states can continue through Tuesday’s presidential election, a Pennsylvania judge ruled Monday.

Common Pleas Court Judge Angelo Foglietta — ruling after Musk’s lawyers said the winners are paid spokespeople and not chosen by chance — did not immediately explain his reasoning.

District Attorney Larry Krasner, a Democrat, had called the process a scam “designed to actually influence a national election” and asked that it be shut down.

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Musk lawyer Chris Gober said the final two recipients before Tuesday’s presidential election will be in Arizona on Monday and Michigan on Tuesday.

“The $1 million recipients are not chosen by chance,” Gober said Monday. “We know exactly who will be announced as the $1 million recipient today and tomorrow.”

Chris Young, the director and treasurer of America PAC, testified that the recipients are vetted ahead of time, to “feel out their personality, (and) make sure they were someone whose values aligned” with the group.

Musk’s lawyers, defending the effort, called it “core political speech” given that participants sign a petition endorsing the U.S. Constitution. They also said Krasner’s bid to shut it down under Pennsylvania law was moot because there would be no more Pennsylvania winners before the program ends Tuesday.

Young also acknowledged that the PAC made the recipients sign nondisclosure agreements.

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“They couldn’t really reveal the truth about how they got the money, right?” Summers asked.

“Sounds right,” Young said.

In an Oct. 20 social media post shown in court, Musk said anyone signing the petition had “a daily chance of winning $1M!”

Summers grilled him on Musk’s use of both the words “chance” and “randomly,” prompting Young to concede the latter was not “the word I would have selected.”

Young said the winners knew they would be called on stage but not specifically that they would win the money.

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Musk did not attend the hearing. He has committed more than $70 million to the super PAC to help Trump and other Republicans win in November.

“This was all a political marketing masquerading as a lottery,” Krasner testified Monday. “That’s what it is. A grift.”

Lawyers for Musk and the PAC said they do not plan to extend the lottery beyond Tuesday. Krasner said the first three winners, starting on Oct. 19, came from Pennsylvania in the days leading up to the state’s Oct. 21 voter registration deadline.

Other winners came from the battleground states of Wisconsin, Nevada, Arizona, Georgia, North Carolina and Michigan. It’s not clear if anyone has yet received the money. The PAC pledged they would get it by Nov. 30, according to an exhibit shown in court.

More than 1 million people from the seven states have registered for the sweepstakes by signing a petition saying they support the right to free speech and to bear arms, the first two amendments to the U.S. Constitution. Krasner questioned how the PAC might use their data, which it will have on hand well past the election.

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“They were scammed for their information,” Krasner said. “It has almost unlimited use.”

Krasner’s team called Musk “the heartbeat of America PAC,” and the person announcing the winners and presenting the checks.

“He was the one who presented the checks, albeit large cardboard checks. We don’t really know if there are any real checks,” Summers said.

Foglietta presided over the case at Philadelphia City Hall after Musk and the PAC lost an effort to move it to federal court.

Krasner has said he could still consider criminal charges, as he’s tasked with protecting both lotteries and the integrity of elections.

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Pennsylvania remains a key battleground state with 19 electoral votes and both Trump and Democratic Vice President Kamala Harris have repeatedly visited the state, including stops planned Monday in the final hours of the campaign.

Krasner — who noted that he has long driven a Tesla — said he could also seek civil damages for the Pennsylvania registrants. Musk is the CEO and largest shareholder of Tesla. He also owns the social media platform X, where America PAC has published posts on the sweepstakes, and the rocket ship maker SpaceX.

MARYCLAIRE DALE

Dale covers national legal issues for The Associated Press, often focusing on the federal judiciary, gender law, #MeToo and NFL player concussions. Her work unsealing Bill Cosby’s testimony in a decade-old deposition led to his arrest and sexual assault trials.

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